Allowed

Riya Neeraj Goyal v. Vandana Gupta @ Vandana Neeraj Goyal (Deceased)

Bombay HC18 Jul 2024TP/2199/2024

Case brief

AI extract

What is this about?

Succession certificate petition for debts of a deceased woman who died intestate at Mumbai, filed by her daughter with consent affidavits from the husband and son. Delay in filing condoned; compliance verified and petition allowed with the certificate granted as prayed.

What did the court decide?

Succession Certificate granted to petitioner for debts listed in Schedule-1, subject to verification and account filing.

Riya Neeraj Goyal vs Vandana Gupta @ Vandana… — Succession and Inheritance | Bombay HC (2024)

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1 TP 2199 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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DATE : 5th October’2024.

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Sr. No. 1--TP/2199/2024

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Mr. Jayant Wani, Advocate i/b. Gireesh Menon for the petitioner.

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Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts belonging to the deceased viz. Vandana Neeraj Goyal alias Vandana Laxminarayan Gupta who died at Mumbai on 25.03.2006. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “A1” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at 901-A/902, Meghdoot Building, Near Oberai Sky Garden, Lokhandwala Complex, Andheri (West), Mumbai - 400053 and/or left properties within Greater Bombay and in the State of Maharashtra.

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Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found.

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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs

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2 TP 2199 of 2024

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next-of-kin according to Hindu Succession Act, 1956 are mentioned in para no. 4 of the said petition.

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5. Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

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Advocate for the petitioner is directed to carry out correction in para no. 4 of the petition with respect to legal heir chart, item no. 2 to delete the words “alias Vandana Laxminarayan Gupta”. Advocate for the petitioner request permission to carry out correction in para no. 4 of the petition with respect to legal heir chart, item no. 2 to delete the words “alias Vandana Laxminarayan Gupta”. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 4 of the petition with respect to legal heir chart item no. 2 to delete the words “alias Vandana Laxminarayan Gupta” forthwith. He will upload the corrected version. Reverification is dispensed with.

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Advocate for petitioner submits that the deceased left behind her husband, son and daughter viz. (1) Neeraj Yogesh Goyal (husband of the deceased) and (2) Riya Neeraj Goyal (daughter of the deceased/petitioner herein) (3) Sarthak Neeraj Goyal (son of the deceased). Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.

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3 TP 2199 of 2024

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Advocate for petitioner submits that Neeraj Yogesh Goyal and Sarthak Neeraj Goyal had given their consent for issuance of succession certificate in favour of Riya Neeraj Goyal.

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The consent affidavits are annexed as page no. 19 to 24.

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Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.

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Advocate for the petitioner is permitted to delete the word “grand” in para no. 5 of the petition forthwith and reverification is dispensed with.

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Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate of the validity thereof if it was granted.

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Advocate for petitioner submits that no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said deceased or for letters of administration with or without the Will for annexed to their property and credits.

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Advocate for petitioner submits that no application has been made to any District Court for Succession

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Certificate in respect of any debt or security belonging to the estate of the deceased.

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Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned authorities asked for legal representation to transfer the property in favour of the Legal heirs. In view thereof, delay is condoned.

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Advocate for the petitioner submits that the General Notice was issued on 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 02.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 02.07.2024 also filed through e-filing.

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This petition is filed for grant of Succession Certificate in respect to the debts which was mentioned in Schedule-1 which is annexed to the petition. The petitioner has complied all the necessary compliance for grant of the Succession Certificate in favor of the petitioner. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order :

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ORDER

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Petition is allowed and the Succession Certificate be granted to the petitioner for certain debts left by the deceased and shown in the schedule, in prescribed format.

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5 TP 2199 of 2024

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Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

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The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary endorsement be made on the Administration Bond, subject to satisfaction of the Department.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Riya Neeraj Goyal v. Vandana Gupta @ Vandana Neeraj Goyal (Deceased)

Case brief

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Riya Neeraj Goyal v. Vandana Gupta @ Vandana Neeraj Goyal (Deceased)

Case brief

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